The Competition Tribunal has dismissed a complaint by Glenmore Capital (Pty) Ltd against the National Health Laboratory Service, AfroCentric Health, and the Department of Health over the alleged exclusion of its COVID-19 rapid antigen test kits from the public and private sectors.
Glenmore sought nearly R2 billion in damages, claiming exclusionary conduct under the Competition Act. The Tribunal upheld exceptions filed by the respondents, finding the case lacked a valid legal basis, failed to define the relevant market, improperly cited parties, and included matters outside the Tribunal’s jurisdiction.
The complaint stemmed from a 2022 Competition Commission investigation, which concluded that Glenmore’s market failure was due to commercial factors such as late regulatory approval and reduced demand as the pandemic waned.
The dismissal follows multiple opportunities given to Glenmore to amend and substantiate its claims.
